What constitutes a violation of public policy under CEPA
Jan 17, 2012
a. What constitutes a violation of public policy
One method of asserting a CEPA claim is to engage in whistleblowing activity toward the company engaging in activity that violates public policy.The qu...
See Full Guide
Defining an adverse action under CEPA
Jan 17, 2012
a. Defining an adverse action
There have been a plethora of recent cases that define adverse actions in contradictory fashions.Like the analysis under the LAD, adverse action will often be decided on ...
See Full Guide
Who is covered by CEPA?
Jan 17, 2012
a. Who is covered by CEPA?
In the recent case of D'Annunzio v. Prudential Ins. Co. of America, 383 N.J. Super. 270, 891 A.2d 673 (App.Div., 2006), cert. granted, D'Annunzio v. Prudential Ins. Co. of A...
See Full Guide
The Conscientious Employee Protection Act, NJSA 34:19-1, et seq.
Jan 17, 2012
a. Elements of a CEPA Claim
The Conscientious Employee Protection Act, NJSA 34:19-1, et seq. (CEPA), enacted in 1986, is a powerful statute in New Jersey that protects employees who are subjected to a...
See Full Guide
Negotiation - Tip 6
Jan 17, 2012
Tip No. 6: Keep tab on your emotions. Unnecessary reaction can kill a successful negotiation.
Reactions can lead to unnecessary escalation.They can also cloud chances to learn about the other party...
See Full Guide
Negotiation Tip 5
Jan 17, 2012
Tip No. 5: Closing and commitment.
Conventional wisdom, tips, pointers, and any other advice or instruction you can get from various sources can be very general in applicability.It does not always a...
See Full Guide
Negotiation Tip 4
Jan 17, 2012
Tip No. 4: Bargain effectively. Do not concede your weak points.
As soon as a number or term is mentioned, you have moved beyond the information exchange into bargaining.
A few considerations:
Capit...
See Full Guide
Negotiation Tip 3
Jan 17, 2012
Tip No. 3: Control the exchange of information.
In short, be artful in striking the delicate balance of disclosure. Share where possible, both to encourage sharing and also to enable opposing counse...
See Full Guide
Negotiation Tip 2
Jan 17, 2012
Tip No. 2: Constant Preparation. Know the chess board.
None of us lives in isolation. Understand the context of the litigation. An effective negotiator is sensitive to the context in which every part...
See Full Guide
THE ART OF THE DANCE II: WHERE IS THE LEVERAGE, WHERE ARE THE WEAK SPOTS?
Jan 17, 2012
Tip No. 1: Know yourself, know your interests, know your adversaries interests.
Idealnegotiation involves the identification of the interests of each party, a search for options that will best satis...
See Full Guide